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PROTECTION OF THE COPYRIGHT VERSUS PROTECTION OF THE COMPETITION (NOT ONLY) IN THE VIEW OF EU COURTS' CASE LAW (Autorskopravna ochrana versus ochrana hospodarskej sutaze (nielen) vo svetle judikatury komunitarnych sudov)

100%

Kralickova B.

Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)

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2010

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tom 93

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nr 4

390-398

EN

The aim of the article is to determine the common and distinct features in the relationship between the copyright law and competition law. In this point of view, those cases are stressed in the article, in which it can come to concurrence between both branches of law. The copyright law and intellectual property law as well, includes in itself an exclusivity, therefore the possible restrain of the competition in the market can not be precluded. In the article are emphasised those cases, when it can come to anticompetitive behaviour on the market and that by concluding agreements restricting competition or by abusing a dominant position on the market. Those cases are especially those, when contractual terms in the licences are able, after fulfilling special circumstances, to restrict the competition. Collective management organizations of copyright and related rights are also not allowed to perform those activities, which can lead to separation of the market. Effective disclosure of the anticompetitive behaviour is therefore an actual question in the context of EC law and Slovak legal system as well.

2

Instytucja odesłania w zakresie unieważnienia prawa z rejestracji wzorów przemysłowych

100%

Buchalska J.

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2013

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tom XI

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nr 1

43-50

EN

In compliance with the norms of the act of Law of Intellectual Property in the scope of invalidation of the right in the register of industrial designs, the legislator refers the interested party, on the power of Art. 117 of the Law of Industrial Designs, to regulations concerning termination of patents. However, this mechanism raises a series of doubts, especially, in connection with the scope of appropriate application of legal norms. In accordance with Zasady techniki prawodawczej (Principles of Legislative Technique) referring to other regulations is justified in the case in which the regulations being referred to provide norms to situations of a similar character. The legislative technique accepted by the legislator does not fully satisfy the needs of practice, though. The standpoint which maintains that industrial designs, apart from registered designs, patents and topography of integrated circuits belong to the category of invention designs seems unjustified as a matter of fact. What testifies to the above statement is the fact that industrial designs combine in themselves also elements of aesthetic nature, while invention designs provide strictly technical solutions. The need for executing an autonomic regulation of the question of invalidation and termination of the right in the register of industrial designs is also strengthened by the fact that on the ground of previous legislation, that is Law of Inventions, industrial designs were dealt with in a separate act, in the same way as trademarks. The existence of autonomic regulation allows accepting the right standpoint which says that industrial designs cannot be defined as invention designs.

3

DEVELOPING THE TRADITION OF CZECHO-SLOVAK SCIENTIFIC COOPERATION IN THE FIELD OF COPYRIGHT (WITH A MOSAIC OF PERSONAL MEMORIES) (Rozvijanie tradicie cesko-slovenskej vedeckej spoluprace v oblasti autorskeho prava (s mozaikou osobnych spomienok))

100%

Svidron J.

Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)

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2010

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tom 93

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nr 4

287-302

EN

The author presents a retrospective view on the development of intellectual property law with special focus on the area of copyright and related rights under the influence of social changes since the sixties of 20th century to the present with the culmination into open questions of value concerning not only copyright, and intellectual property rights, but generally civil (private) law in its most recent European and international context.

4

ÚPRAVA VZÁJOMNÉHO VZŤAHU PRÁVA DUŠEVNÉHO VLASTNÍCTVA A SÚŤAŽNÉHO PRÁVA V SLOVENSKOM A ČESKOM PRÁVNOM PORIADKU S DÔRAZOM NA OBLASŤ ZNEUŽÍVANIA DOMINANTNÉHO POSTAVENIA

88%

Králičková B.

Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)

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2011

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tom 94

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nr 6

601 – 616

EN

The contribution deals with relationship between IPR´s and Competition Law in the legal order of both Slovak and Czech Republic. The first part of the contribution deals with common questions related to the mutual relationship between mentioned law disciplines. The second part aims to analyse the mutual relationship between IPR´s and Competition Law in Slovak legal order with main focus on abuse of dominant position as well as essential facility doctrine. The most significant case law of the Antimonopoly office of the Slovak Republic within this field are also being analysed within this part. The third part focuses on the mutual relationship between IPR´s and Competition Law in Czech legal order, providing critical analyses of current stage of rules related to essential facility doctrine. The current stage of legal order is arousing question, whether the current legal position of owners of IP right according to Czech legal order is sufficient to protect their rights related to their ownership. Out of provided analyses is being seen, that Slovak as well as Czech legal order -despite some problematic points -are similar and fully harmonised with EU law. The fourth part aims to provide final conclusion and possible advices into the future, how the legal orders should deal with the interaction and relationship between both legal disciplines.

5

SYSTEM OF INTELLECTUAL PROPERTY LAW IN THE CONTEXT OF THE RECODIFICATION OF PRIVATE LAW (System prava dusevneho vlastnictva v kontexte rekodifikacie sukromneho prava)

88%

Skreko A.

Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)

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2010

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tom 93

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nr 3

230-244

EN

The intellectual property law is a special area of private law, to which we will classify the legal regulation of rights attached to intellectual property. It is basically an open (i.e. developing) area of legal regulation, the subject of which are so-called ideal objects (also referred to as intangible assets) characterized by stable ideal structure in the unity of the form and content, which can exist independently as an ideal object of legal relations, apart from a particular, individually determined material carrier - tangible thing in which the ideal object is materialized. The paper deals with description of the system of intellectual property law, using the system criteria of the nature of the object (legal relations), nature of rights attached to the object, and creativity as a legal criterion, and refers to the system classification of the area of intellectual property to the private law, also in the context of recodification of private law in the Slovak Republic.

6

SOUHLAS, NEBO LICENČNÍ ZÁVAZEK?

75%

Telec I.

Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)

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2013

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tom 96

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nr 5

435 – 446

EN

The article is devoted to the legal issues of the exercise of the intellectual property rights. The author distinguishes two possible cases of the exercise of these rights in accordance with the recent Czech law. One of them is granting consent to use some protected values. This situation is a circumstance precluding unlawfulness. The second case involves a licensing agreement conferring obligation between the parties. The author presents the legal grounds for the fact that in many cases, which are known from the contemporary knowledge and information society, it is only the consent which has the legal reason.

7

OTÁZKY UPLATNITEĽNOSTI DOKTRÍNY UNIKÁTNEHO ZARIADENIA NA PRÁVA NA PREDMETY DUŠEVNÉHO VLASTNÍCTVA

75%

Králičková B.

Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)

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2012

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tom 95

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nr 5

481 – 490

EN

The contribution deals with some basic thoughts on application of the essential facility doctrine as a part of competition law on the area of intellectual property law. It analyses most important case law of the EC courts and European Commission, especially the Microsoft case and aims to provide an answer on the question, whether it is under certain conditions possible to consider intellectual property rights as an essential facility. Attention will also focus on the arguments which will be in the favour/in contrary of such application of the essential facility doctrine as well as on possible results of such application. The contribution also presents two arguments, which can be in favour of application of essential facility doctrine on the field of the intellectual property law. A possible existence of networks effects and questions related to potential influence of exclusive rights, which holds the dominant undertakings, on the innovative process shows, that there might certain situations exist, in which it would be reasonable to allow broader access to intellectual property rights. Those arguments nevertheless do not provide enough persuasive reason for application of essential facility doctrine on the field of intellectual property rights.